| Author | Title | Citation | Summary | Year | Key Terms |
| Ariana H. Aboulafia |
WHO YA GONNA CALL? AN ANALYSIS OF PARADIGM SHIFTS AND SOCIAL HARMS AS A RESULT OF HYPER-VIRAL POLICE VIOLENCE |
10 University of Miami Race & Social Justice Law Review 1 (Fall, 2019) |
I. INTRODUCTION. 3 II. Ferguson is Everywhere -Why Good-Faith Individuals Are Reluctant to Call the Police. 4 (1) Adding Fuel to the Fire - Enhanced Fear of Calling Police in Minorities. 4 (1)(a) Changes in Policing. 6 (1)(b) Tough on Crime Policies that Target Minority Communities. 9 (1)(c) Hyper-Viral Police Violence, From Rodney King to... |
2019 |
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| Laura Rothstein |
WOULD THE ADA PASS TODAY?: DISABILITY RIGHTS IN AN AGE OF PARTISAN POLARIZATION |
12 Saint Louis University Journal of Health Law & Policy 271 (2019) |
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that... |
2019 |
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| Griffin Edwards, Joshua J. Robinson , University of Alabama at Birmingham, USA |
YOU GOTTA FIGHT FOR YOUR RIGHT? PUBLICLY ASSIGNED BUT PRIVATELY ENFORCED PROPERTY RIGHTS |
59 International Review of Law & Economics 31 (September, 2019) |
Article history: Received 17 April 2018 Received in revised form 15 April 2019 Accepted 16 April 2019 Available online 24 April 2019 Establishment and enforcement of property rights is often seen as a key tenet of a productive society. Many argue that the absence of formal public institutions to establish and enforce property rights necessarily... |
2019 |
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| Chiraag Bains |
"A FEW BAD APPLES": HOW THE NARRATIVE OF ISOLATED MISCONDUCT DISTORTS CIVIL RIGHTS DOCTRINE |
93 Indiana Law Journal 29 (Winter, 2018) |
Viral videos of fatal police force used against unarmed or nondangerous individuals, many of them black men, are driving a conversation about race and policing in America. The names are familiar by now, part of a macabre roll of modern American tragedy. Eric Garner was choked to death in Staten Island, repeating I can't breathe before he died.... |
2018 |
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| Sara Mayeux |
"AN HONEST BUT FEARLESS FIGHTER": THE ADVERSARIAL IDEAL OF PUBLIC DEFENDERS IN 1930S AND 1940S LOS ANGELES |
36 Law and History Review 619 (August, 2018) |
Early one Sunday in 1948, Frederic Vercoe set out from his home in San Marino, California, for a speaking engagement in downtown Los Angeles. Perhaps he took the Arroyo Seco Parkway, which had opened for drivers 8 years before, linking the city more tightly with its vast agglomerate of suburbs. Although the roads may have changed, Vercoe had been... |
2018 |
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| Kenneth B. Nunn |
"ESSENTIALLY BLACK": LEGAL THEORY AND THE MORALITY OF CONSCIOUS RACIAL IDENTITY |
97 Nebraska Law Review 287 (2018) |
In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the... |
2018 |
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| Monique T. Curry |
"GET THAT SON OF A * OFF THE FIELD": REGULATING STUDENT-ATHLETE PROTEST SPEECH IN PUBLIC UNIVERSITY SPORTS FACILITIES |
61 Howard Law Journal 669 (Spring, 2018) |
INTRODUCTION. 669 I. PUBLIC FORUM DOCTRINE AND THE PUBLIC UNIVERSITY. 673 II. PROTEST SPEECH AS PROTECTED EXPRESSIVE CONDUCT. 687 III. STUDENT-ATHLETE PROTEST SPEECH IS WORTHY OF FIRST AMENDMENT PROTECTION. 693 CONCLUSION. 697 |
2018 |
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| Spencer K. Beall |
"LOCK HER UP!" HOW WOMEN HAVE BECOME THE FASTEST-GROWING POPULATION IN THE AMERICAN CARCERAL STATE |
23 Berkeley Journal of Criminal Law 1 (Spring, 2018) |
The majority of discourse on American mass incarceration attempts to explain the outsize populations in jails and prisons as the result of a political war against a specific group of people (e.g. against a certain race, against the poor), rather than against crime itself. Less attention has been paid to women, even though they are the... |
2018 |
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| Christina A. Zawisza |
"MLK 50: WHERE DO WE GO FROM HERE?": TEACHING THE MEMPHIS CIVIL RIGHTS MOVEMENT THROUGH A THERAPEUTIC JURISPRUDENCE LENS |
6 Belmont Law Review 175 (2018) |
We walk on sacred and honorable ground. As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic... |
2018 |
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| Samuel Walker |
"NOT DEAD YET": THE NATIONAL POLICE CRISIS, A NEW CONVERSATION ABOUT POLICING, AND THE PROSPECTS FOR ACCOUNTABILITY-RELATED POLICE REFORM |
2018 University of Illinois Law Review 1777 (2018) |
This Article argues that, despite the actions of the Trump Administration in cancelling two Justice Department accountability-related police reform programs, the prospects for continued police reform efforts in the immediate future remain alive. This argument is based on several factors, both in the broader social and political environment and... |
2018 |
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| Russell K. Robinson, David M. Frost |
"PLAYING IT SAFE" WITH EMPIRICAL EVIDENCE: SELECTIVE USE OF SOCIAL SCIENCE IN SUPREME COURT CASES ABOUT RACIAL JUSTICE AND MARRIAGE EQUALITY |
112 Northwestern University Law Review 1565 (2018) |
Abstract--This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since... |
2018 |
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| Elizabeth J. Upton |
"SOME KIND OF NOTICE" IS NO KIND OF STANDARD: THE NEED FOR JUDICIAL INTERVENTION AND CLARITY IN DUE PROCESS PROTECTIONS FOR PUBLIC SCHOOL STUDENTS |
86 George Washington Law Review 655 (March, 2018) |
Public backlash over zero tolerance policies that funnel public school students to jail through the school to prison pipeline has unveiled the systemic issues associated with discriminatory application and the detrimental effects of exclusionary discipline. What remains unaddressed and largely ignored is the lack of procedural safeguards afforded... |
2018 |
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| Arturo Peña Miranda |
"WHERE THERE IS A RIGHT (AGAINST EXCESSIVE FORCE), THERE IS ALSO A REMEDY": REDRESS FOR POLICE VIOLENCE UNDER THE EQUAL PROTECTION CLAUSE |
65 UCLA Law Review 1678 (September, 2018) |
This Comment argues that the Equal Protection Clause compels the federal courts to create an implied damages remedy in excessive force cases. Implied constitutional remedies are disfavored today. Jurists believe that as tribunals of limited jurisdiction, federal courts may only issue a damages remedy when Congress so provides in the constitutional... |
2018 |
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| Sofia Yakren |
"WRONGFUL BIRTH" CLAIMS AND THE PARADOX OF PARENTING A CHILD WITH A DISABILITY |
87 Fordham Law Review 583 (November, 2018) |
Wrongful birth is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant's negligence, they would have terminated... |
2018 |
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| Janos Marton |
#CLOSERIKERS: THE CAMPAIGN TO TRANSFORM NEW YORK CITY'S CRIMINAL JUSTICE SYSTEM |
45 Fordham Urban Law Journal 499 (February, 2018) |
Introduction. 500 I. Rikers Island: A History of Racism, Violence, and Corruption. 503 A. Richard Riker. 504 B. Creating the Rikers Island Jail Complex. 505 C. Problems Arise: Rikers Island Jail Complex from 1935-1980. 507 D. Closing Rikers Island: The First Attempt. 510 E. Violence Rises During the 1990s and 2000s. 512 F. Modern Reform Failures.... |
2018 |
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| Renee Nicole Allen, Deshun Harris |
#SOCIALJUSTICE: COMBATTING IMPLICIT BIAS IN AN AGE OF MILLENNIALS, COLORBLINDNESS & MICROAGGRESSIONS |
18 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2018) |
Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems.... |
2018 |
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| K. Sabeel Rahman |
(RE)CONSTRUCTING DEMOCRACY IN CRISIS |
65 UCLA Law Review 1552 (September, 2018) |
Contemporary concerns about democratic backsliding in the United States and elsewhere have produced an important new literature on democratic crisis and the ways in which political actors can undermine institutions and norms of constitutional democracy. This Article complements the democratic backsliding discourse by focusing on another set of... |
2018 |
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| Theresa Zhen, Vinuta Naik |
A CLEAN SLATE CASE STUDY OF COMMUNITY LAWYERING |
106 California Law Review 557 (April, 2018) |
Between 1990 and 2005, a new prison opened in the United States every ten days. Prison growth and the resulting prison-industrial complex--the business interests that capitalize on prison construction--made imprisonment so profitable that millions of dollars were spent lobbying state legislators to keep expanding the use of incarceration to... |
2018 |
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| Jenny B. Davis |
A GREAT RESPONSIBILITY |
104-NOV ABA Journal 12 (November, 2018) |
RAMSEY CLARK'S career defies categorization. Those who came of age in the 1960s know Ramsey Clark for his leadership in the Department of Justice, where he worked with President John F. Kennedy and Attorney General Robert Kennedy and became attorney general under President Lyndon B. Johnson. A key player in the civil rights movement, the... |
2018 |
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| Magda Boutros |
A MULTIDIMENSIONAL VIEW OF LEGAL CYNICISM: PERCEPTIONS OF THE POLICE AMONG ANTI-HARASSMENT TEAMS IN EGYPT |
52 Law and Society Review 368 (June, 2018) |
In Egypt in 2012, several anti-harassment groups were established to respond to an increase in sexual violence in public spaces and to the failure of the state to tackle the issue. Anti-harassment groups organized patrol-type intervention teams that operated during demonstrations or public celebrations to stop sexual assaults. This article examines... |
2018 |
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| Susan D. Carle , Scott L. Cummings |
A REFLECTION ON THE ETHICS OF MOVEMENT LAWYERING |
31 Georgetown Journal of Legal Ethics 447 (Summer, 2018) |
This essay takes a new look at legal ethics issues salient to movement lawyers who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement... |
2018 |
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| Katherine A. Macfarlane |
ACCELERATED CIVIL RIGHTS SETTLEMENTS IN THE SHADOW OF SECTION 1983 |
2018 Utah Law Review 639 (2018) |
The families of Eric Garner, Laquan McDonald, Freddie Gray, and Walter Scott have obtained multimillion dollar settlements from the cities in which their family members lost their lives. This Article identifies and labels these settlements as a legal response unique to high-profile police-involved deaths: accelerated civil rights settlement. It... |
2018 |
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| Ellen E. Deason , Michael Z. Green , Donna Shestowsky , Rory Van Loo , Ellen Waldman |
ADR AND ACCESS TO JUSTICE: CURRENT PERSPECTIVES |
33 Ohio State Journal on Dispute Resolution 303 (2018) |
Ellen Deason: Welcome to the 2018 AALS Annual Meeting Alternative Dispute Resolution Section program. We thank the Litigation Section for their co-sponsorship of this presentation. I will introduce the panelists by name and school and then they will each provide a more substantive introduction in a minute. At the far end is Michael Green from Texas... |
2018 |
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| Beth Shane |
AFTER "KNOWING EXPOSURE": FIRST AND FOURTH AMENDMENT DIMENSIONS OF DRONE REGULATION |
73 New York University Annual Survey of American Law 323 (2018) |
C1-3TABLE OF CONTENTS I. Introduction. 324 II. First Amendment Rights in the National Airspace System. 329 A. Background on the Drone Rule and Newsgathering by Drones. 331 B. The First Amendment Right to Record. 333 C. Preserving the Fourth Amendment by Protecting the First. 336 D. Forum Analysis of the National Airspace System. 338 E. Alternative... |
2018 |
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| Ashley E. Russo |
AN ANALYSIS OF THE FIRST AMENDMENT THROUGH THE LENS OF SOCIAL MOVEMENTS: HOW APPLE'S LATEST IPHONE PATENT CAN CHANGE THE WAY WE RISE |
18 Journal of High Technology Law 331 (2018) |
Every day, all across the world, billions of people use their iPhone as a vital source for communicating, gathering information, listening to music, and capturing photos and videos. With the swipe of a finger or the touch of a button, billions of people worldwide have the technology in the palm of their hands to capture any moment that they... |
2018 |
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| Becky Monroe |
AN ATTACK ON AMERICA'S PEACEMAKERS IS AN ATTACK ON ALL OF US: ON THE IMPORTANCE OF EMBRACING THE POWER OF COMMUNITIES AND REJECTING THE TRUMP ADMINISTRATION'S ATTEMPT TO ELIMINATE THE COMMUNITY RELATIONS SERVICE |
37 Yale Law and Policy Review 299 (Fall, 2018) |
As images of neo-Nazis marching through our streets fill our screens, and reports of a growing number of hate crimes sweep the country, how can the Community Relations Service (CRS), a small component of the U.S. Department of Justice created by the Civil Rights Act of 1964, help preserve democracy? What is at stake when the Trump Administration... |
2018 |
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Around the Nation |
45 School Law Bulletin 4 (February 10, 2018) |
In March 2017, Kenda Miller, a former principal, had her principals teaching certificate suspended by the Oklahoma State Board of Education (OSBE) after failing to report claims of alleged molestation. Miller appealed this decision to the Oklahoma Court of Civil Appeals, and her appeal was denied. The court upheld the OSBEs suspension, showing... |
2018 |
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Around the Nation |
20 Student Discipline Law Bulletin 5 (February 1, 2018) |
San Jose school police officers got notice recently that their job is not to serve as school disciplinarians. A memo from the police department informed campus police officers that their job is to ensure safety, not to discipline students. School police are encouraged to find solutions to problems like truancy by working with educators, but they... |
2018 |
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| Cindy Cohn |
BAD FACTS MAKE BAD LAW: HOW PLATFORM CENSORSHIP HAS FAILED SO FAR AND HOW TO ENSURE THAT THE RESPONSE TO NEO-NAZIS DOESN'T MAKE IT WORSE |
2 Georgetown Law Technology Review 432 (Spring, 2018) |
From Cloudflare's headline-making takedown of the Daily Stormer to YouTube's summer restrictions on LGBTQ content, 2017 was a banner year for platform censorship. Companies--under pressure from lawmakers, shareholders, the press, and some members of the public--ramped up restrictions on speech by adding new rules, adjusting their still-hidden... |
2018 |
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| Stacy L. Hawkins |
BATSON FOR JUDGES, POLICE OFFICERS & TEACHERS: LESSONS IN DEMOCRACY FROM THE JURY BOX |
23 Michigan Journal of Race and Law 1 (2017-2018) |
In our representative democracy we guarantee equal participation for all, but we fall short of this promise in so many domains of our civic life. From the schoolhouse, to the jailhouse, to the courthouse, racial minorities are underrepresented among key public decision-makers, such as judges, police officers, and teachers. This gap between our... |
2018 |
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